United Workers' Union v The Smith's Snackfood Company Pty Limited Summary

[2025] FWC 1235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

United Workers' Union

The Smith’s Snackfood Company Pty Limited

(B2025/730)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 MAY 2025

Application to extend the 30 day period in relation to B2025/492.

This matter concerns the declaration of the result of a protected action ballot PR785384 held in matter B2025/492 and declared on 2 April 2025.

The United Workers' Union has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

The Smith’s Snackfood Company Pty Limited has advised the Commission that they do not have any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers' Union to extend the 30-day period within which industrial action can be taken by employees of The Smith's Snackfood Company Pty Limited. This application was in response to a protected action ballot that was declared on 2 April 2025. The Union sought to extend the period under section 459(3) of the Fair Work Act 2009, which allows for such an extension if specific conditions are met, including that the employer does not object to the extension and that the period has not previously been extended.

The legal issue before the Commission was whether the Union had satisfied the statutory requirements for an extension of the 30-day period. The Union argued that the conditions for an extension were met, and the employer, The Smith's Snackfood Company Pty Limited, confirmed that it did not oppose the application. The Commission needed to determine if the application complied with the Act and if the granting of the extension would be appropriate in the circumstances.

After reviewing the application and considering the absence of any objections from the employer, the Deputy President concluded that the Union had met all the statutory requirements for the extension. The Commission was satisfied that there were no grounds to refuse the application, and therefore, it was appropriate to extend the 30-day period by a further 30 days. The Deputy President ordered that the extension would commence on 1 May 2025.

United Workers' Union v The Smith's Snackfood Company Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established